1 euromed justice ii opening conference brussels, 30 june 2008 working group ii resolution of...
TRANSCRIPT
1
EuroMed Justice II
OPENING CONFERENCEBrussels, 30 June 2008
Working Group IIResolution of cross-border family conflicts
Mr. Khaled ABOUALI
Project Funded by the European Union
1
2
SESSION 1
Aspect of private international Law in connection with mixed marriages, and more specifically: specific problems related to the recognition abroad of decisions in cross-border family disputes, including decisions by “Customary Law Courts” or taken on the basis of religious texts
Project Funded by the European Union
3
SESSION 1• The Hague Convention and European Union framework:
current situation. The Malta Judicial Conferences on the cross-border family conflicts
• A comparative view between the European and MEDA countries law
• Discussion triggers:– The Hague Convention and EU framework related to
MEDA countries– The current situation in the MEDA countries– How to advance legislative reform on this topic– Practical and specific problems related to the recognition
abroad of a judicial decision on this topic
Project Funded by the European Union
4
SESSION 2
Alternative dispute settlement on cross-border family conflicts.International comparative analysis on this topic related to the quality of mediation schemes
Project Funded by the European Union
5
SESSION 2
• International legal framework on mediation on family matters. Practical instruments on mediation related the cross-border family conflicts
• Comparative analyses on mediation systems between EU and MEDA countries
• Discussion triggers:– Culture of mediation– Institution for mediation– Religion and mediation.– Legal framework for mediation in the MEDA countries
Project Funded by the European Union
6
SESSION 3
Establishing the criterion governing jurisdiction in matters of mixed marriage child protection according to the international legal framework:
Practical ways of ensuring children’s right to maintain personal relations with both their parents, in particular visiting rights of parents who do not have custody
Project Funded by the European Union
7
SESSION 3• Child protection in the UN and Hague Conference framework.
The EU and the child protection policy• Practical instruments for solving the most frequent problems
on the right of visiting and custody and on child abduction• Discussion triggers:– The current situation in the MEDA countries– The law to be applied and the competence required for
resolving– The local authorities’ cooperation and the necessity to
improve training on this topic– visiting and custody rights from the point of view of human
sciences ...
Project Funded by the European Union
8
SESSION 4
The importance of culture and religion in cross-border family conflicts
• Cultural and sociological aspects in cross-border family conflicts• Religious aspects in cross-border family conflicts• Discussion triggers:
– The current situation in the MEDA countries– Administrative and asistential sources on this topic– The role of the Customary Court– Civil and religious Law
Project Funded by the European Union
9
CONCLUSION
• Let us build a partnership• Let us identify both the levers and the obstacles to
real cooperation in these matters• Let us find the best practices and share them among
all the partners
Thank you for your attentionKhaled Abouali, Senior Lecturer
EuroMed Justice II Project [email protected]
Project Funded by the European Union